Legislative Newsletter October 22, 2013

Contains:

  • Order no. 1520/2013
  • Norm no. 11/2013
  • Resolution no. 727/2013
  • Decision no. 381/2013
  • Order no. 3136/2013
  • Law no. 257/2013



Order no. 1520/2013

Order no. 1520 of 9 September 2013, published in Official Gazette Part I no. 397 of 13.09.2013, for approving the Procedure regarding the application of the provisions of art. V from the Government Emergency Ordinance no. 50/2013 regarding the regulation of some fiscal measures, makes the following mentions:

Comment: Among the amendments made by the present order we mention the following provisions:

  • At article 1: „(1) For the main and accessory fiscal liabilities administered by the National Agency of Fiscal Administration or for other amounts owed to the general consolidated budget and sent for recovery to this authority, the competent fiscal organ may grant the following payment facilities:

a) postponement of the payment of main fiscal liabilities, as well as for accessory fiscal liabilities in case that the taxpayers have to receive undisputed, liquid and exigible amounts from authorities competent in the management of EU funds on the basis of financing contracts concluded with them;

b) cancellation of accessory fiscal liabilities mentioned at letter a), in case the taxpayer has waived the right to charge or collect interests, penalties or accessories of any kind related to debts due from the competent authorities and the postponement for payment was completed;

c )exemption from the payment of accessory fiscal liabilities related to main fiscal liabilities due for the period between the date on which the payment from the competent authority had to be made according to the terms provided in the financing contract as result of a reimbursement request and the payment date, in case of taxpayers who received after the contractual deadline amounts related to the reimbursement request authorised for payment after 3rd of June 2013, if the provisions of article V paragraph (20) from the Government Emergency Ordinance no. 50/2012 are fulfilled;

d) postponement of payment, in view of the exemption, of the accessory fiscal liabilities related to main fiscal liabilities due after the submission of the reimbursement request at the relevant authority, in the case of taxpayers that have to receive amounts as a result of a reimbursement request with the payment date overdue if conditions provided in art. V paragraph (21) from the Emergency Ordinance are fulfilled;

(2)Undisputed, liquid and exigible amounts due by the relevant authorities stands for the amounts authorized for payment related to reimbursement requests submitted by the beneficiary.

(3) Relevant authorities stand for all management and/or intermediary bodies.”

By the facilities mentioned above, may benefit taxpayers who act as:

a)Beneficiaries of non-refundable financing, for their outstanding obligations;
b)Partners of beneficiaries provided at letter a) as per the partnership agreement, for the obligations owed by them.

Norm no. 11/2013

Norm no. 11 of 11 September 2013, published in Official Gazette Part I no. 593 of 20.09.2013, regarding the implementing of the principle of equal treatment for women and man with respect to accessing insurance services and providing insurance services.

Comment: The provisions of the present norm do not apply to group insurance agreements, if they are related to work relations.

Resolution no. 727/2013

Resolution no. 727 of 25 September 2013, published in Official Gazette Part I no. 608 of 30.09.2013, for approving the Methodological Norms for implementing the provisions of Convention no. 16 of the International Commission of Civil Status regarding the issuance of multilingual extracts from documents of civil status, signed at Vienna on September 1976.

Decision no. 381/2013

Decision no. 381 of 25 September 2013, published in Official Gazette Part I no. 608 of 30.09.2013, regarding the motion of unconstitutionality of the Law for approving the Government Emergency Ordinance no. 55/2013 with respect to some fiscal measures and for amending some legislative norms, makes the following mention:

Comment: The court rejects as ungrounded the motion for unconstitutionality filed by 35 senators and finds that the Law for approving the Government Emergency Ordinance no. 55/2013 is constitutional.


Order no. 3136/2013

Order no. 3136 of 26 September 2013, published in Official Gazette Part I no. 609 of 01.10.2013, for amending and supplementing the Order no 1950/2012 of the President of the National Agency of Fiscal Administration, regarding the approval of the forms used to declare taxes established based on self assessment or based on withholding.

Law no. 257/2013

Law no. 257 of 26 September 2013, published in Official Gazette Part I no. 607 of 30.09.2013, for amending and supplementing the Law no. 272/2004 regarding the protection and promotion of children’s rights, makes the following mentions:

Comment: Among other changes made by the present Law, it defines the terms of: child, family, extended family, substitute family, individualized protection plan, service plan, legal representative of the child (art. 4)

Also, prior regulations regarding the birth registration of abandoned children are supplemented.

Regarding children with disabilities, the present law provides that they should receive free medical care, including free medication, both for ambulatory treatment and during hospitalization in social health insurance system.

Finally we mention that the present Law brings amendments with respect to children protection against abuse, neglect, exploitation and other forms of violence, introducing a new section regarding child protection for children whose parents work abroad. 

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